Enright v. Toledo, Peoria & Western Railway Co.

Timothy Enright, Jr., brought suit against the Toledo, Peoria and Western Railway Company to recover the value of two cows, belonging to him, killed by a train of defendant. The court at the close of plaintiff’s evidence instructed a verdict in favor of defendant, upon which judgment was rendered and the plaintiff appeals. The record shows that on February 23, 1908, the appellant had two cows in his pasture, north of appellee’s right of way, adjoining the station grounds of Enright, a station on appellee’s railroad in McLean county. The railroad runs east and west and there was a sufficient…